Mango Promotion, Research, and Information Order; Reapportionment, 13530-13532 [2011-5715]
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13530
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
cherries. Upon such diversion and
compliance with the provisions of this
section, the Board shall issue to the
diverting grower a grower diversion
certificate which such grower may
deliver to a handler. Any grower
diversions completed in accordance
with this section, but which are
undertaken in districts subsequently
exempted by the Board from volume
regulation under § 930.52(d), shall
qualify for diversion credit.
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Proposal submitted by USDA:
Proposal Number 2
Make such changes as may be
necessary to the order to conform with
any amendment thereto that may result
from the hearing.
Dated: March 4, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–5717 Filed 3–11–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Doc No. AMS–FV–10–0092]
Mango Promotion, Research, and
Information Order; Reapportionment
Agricultural Marketing Service.
Proposed rule.
AGENCY:
ACTION:
This rule proposes to adjust
the number of members on the National
Mango Board (Board) from 20 to 18 to
reflect the elimination of two non-voting
wholesaler/retailer positions. In
accordance with the Mango Promotion,
Research, and Information Order
(Order), which is authorized under the
Commodity Promotion, Research, and
Information Act of 1996 (Act), a review
of the composition of the Board must be
conducted every five years. The Board
has reviewed the production volumes
and geographical distribution of
domestic and imported mangos, and
submitted this information to the U.S.
Department of Agriculture with a
recommendation that no changes be
made to the number of importer, first
handler, or producer seats on the Board.
However, the Board recommends
elimination of two non-voting
wholesaler/retailer positions that have
not been filled since 2007.
DATES: Comments must be received by
April 13, 2011.
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SUMMARY:
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Comments may be
submitted electronically at https://
www.regulations.gov. Comments may
also be sent to the Research and
Promotion Branch, Fruit and Vegetable
Programs, AMS, U.S. Department of
Agriculture, Room 0632–S, Stop 0244,
1400 Independence Avenue, SW.,
Washington, DC 20250–0244; fax: 202–
205–2800. All comments should
reference the document number and the
date and page number of this issue of
the Federal Register. Comments will be
made available for public inspection in
the above office during regular business
hours, or may be viewed at https://
www.regulations.gov. All comments
submitted in response to this proposed
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Veronica Douglass, Marketing
Specialist, Research and Promotion
Branch, Fruit and Vegetable Programs,
AMS, U.S. Department of Agriculture,
Stop 0244, Room 0632–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0244; telephone:
888–720–9917; fax: 202–205–2800; or email: veronica.douglass@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Mango Promotion,
Research, and Consumer Information
Order (Order) [7 CFR part 1206]. The
Order is authorized by the Commodity
Promotion, Research, and Information
Act of 1996 (Act) [7 U.S.C. 7411–7425].
ADDRESSES:
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have a
retroactive effect.
Section 524 of the Act provides that
the Act shall not affect or preempt any
other State or Federal law authorizing
promotion or research relating to an
agricultural commodity.
Under the Act, a person subject to an
order may file a petition with the U.S.
Department of Agriculture (Department)
stating that an order, any provision of an
order, or any obligation imposed in
connection with an order, is not
established in accordance with the law,
and requesting a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
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Sfmt 4702
any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
after the effective date of an order,
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, the
Department will issue a ruling on the
petition. The Act provides that the
district court of the United States for
any district in which the petitioner
resides or conducts business shall have
the jurisdiction to review a final ruling
on the petition, if the petitioner files a
complaint for that purpose not later
than 20 days after the date of the entry
of the Department’s final ruling.
Regulatory Flexibility Analysis and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS has considered the economic
impact of this rule on small entities that
would be affected by this rule. The
purpose of the RFA is to fit regulatory
action to scale on businesses subject to
such action, so that small businesses
will not be disproportionately
burdened.
The Small Business Administration
defines small agricultural producers as
those having annual receipts of no more
than $750,000, and small agricultural
service firms as those having annual
receipts of no more than $7 million (13
CFR part 121). First handlers, importers,
wholesalers, and retailers would be
considered agricultural service firms.
Currently, fewer than five first handlers
and 193 importers are subject to
assessment under the Order. The
majority of producers would be
considered small businesses. The
majority of these first handlers and
importers would be considered small
businesses, while wholesalers and
retailers would not.
First handlers and importers who
market or import less than 500,000
pounds of mangos annually are exempt
from the assessment. Mangos that are
exported out of the United States are
also exempt from assessment. In
addition, domestic producers, foreign
producers, wholesalers, and retailers are
not subject to assessment under the
Order, but such individuals are eligible
to serve on the Board along with
importers and first handlers.
Section 1206.30 (c) of the Order
requires that the Board review the
volume and geographical distribution of
mango production and imports at least
once every five years. If warranted, the
Board will recommend to the
Department that membership on the
Board be altered to reflect any changes
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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
in the volume and geographical
distribution of mango production and
imports.
The Order currently provides for a
Board of 20 members including eight
importers, one first handler, two
domestic producers, seven foreign
producers, and two non-voting
wholesalers and/or retailers. At its
November 16, 2010 meeting, the Board
reviewed the volume and geographic
distribution of mango production and
imports from 2006 through 2009. Based
on U.S. Customs data, the volume of
mango imports to the U.S. declined
from 666,772,761 pounds in 2006 to
627,271,605 pounds in 2009. The
Board’s eight importer seats are
allocated based on the volume of
mangos imported into each of the four
Districts defined in the Order. The
current allocation is two seats for
District I, three seats for District II, two
seats for District III, and one seat for
District IV. The percentage of the total
mango import volume imported into
District I remained at 25 percent from
2006 to 2009. Imports into District II
grew from 35 percent of the total in
2006 to 41 percent in 2009. Imports into
District III fell from 28 percent of the
total in 2006 to 23 percent in 2009.
Imports into District IV fell from 12
percent of the total in 2006 to 11 percent
in 2009. Much of the domestic mango
production was adversely affected by
Hurricanes during the early 2000s.
Accordingly, data provided by the
Board shows that in 2006, no
assessments were collected on domestic
mangos, while in 2009 assessments
were collected on 1,539,306 pounds of
domestic mangos. After reviewing the
data regarding mango imports and
domestic production, the Board voted to
recommend that no changes be made at
this time to the number of importer, first
handler, domestic producer, or foreign
producer seats; or to the allocation of
importer seats among the four districts.
At the same meeting, the board voted
to request elimination of the wholesaler/
retailer positions from the Order. These
positions were included so that the
board would include members with
direct customer sales experience. The
Board has made numerous attempts to
nominate individuals to those positions;
however, wholesalers and retailers are
not interested in or do not have the time
to serve on the Board. As a result, the
two wholesaler/retailer positions have
been vacant since 2008. These two
positions do not represent assessment
payers. If the wholesaler/retailer
positions are eliminated, the Board
would consist of a total of 18 members
including eight importers, one first
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handler, two domestic producers, and
seven foreign producers.
Nominations and appointments to the
Board are conducted pursuant to
sections 1206.31 and 1206.33 of the
Order. Appointments to the Board are
made by the Secretary from a slate of
nominated candidates. Pursuant to
section 1206.31 of the Order, candidates
for the importer, first handler, and
domestic producer positions are
nominated by their peers. Nominations
for the foreign producer positions are
solicited from foreign mango producer
organizations. The Board nominates the
wholesaler/retailer members. The Order
requires that two nominees be
submitted for each vacant position.
In accordance with OMB regulation [5
CFR part 1320], which implements
information collection requirements
imposed by the Paperwork Reduction
Act of 1995 [44 U.S.C. 3501 et seq.],
there are no new requirements
contained in this rule. In fact a decrease
of .33 hours in the information
collection burden for the mango
program is expected. The information
collection requirements have been
previously approved by OMB under
OMB control number 0581–0093.
The Department has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
proposed rule.
Background
The Order, which became effective
November 3, 2004, is authorized under
the Act and administered by the Board.
The Order provides for a 20-member
Board consisting of eight importers, one
first handler, two domestic producers,
seven foreign producers, and two nonvoting wholesalers and/or retailers.
Under the Order, the Board
administers a nationally coordinated
program of promotion, research, and
information designed to strengthen the
position of mangos in the marketplace
and to develop, maintain, and expand
the demand for mangos in the United
States. The program is financed by an
assessment of 1⁄2 cent per pound on first
handlers and importers who market or
import 500,000 pounds or more of
mangos annually. Under the Order, first
handlers remit assessments directly to
the Board, and assessments paid by
importers are collected and remitted by
the United States Customs Service.
Pursuant to section 1206.30(c) of the
Order, at least once in each five-year
period, the Board shall review the
volume and geographical distribution of
mango production and imports and, if
warranted, make a recommendation to
the Secretary to alter the Board’s
membership. On November 16, 2010, at
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13531
its fall meeting, the Board voted to
recommend that no changes be made to
the importer, first handler, domestic
producer, or foreign producer positions,
but that the non-voting wholesaler/
retailer positions be eliminated. If the
wholesaler/retailer positions are
eliminated, the Board’s membership
would be reduced from 20 to 18.
Accordingly, the proposed rule would
delete the definition of retailer in
section 1206.19 and wholesaler in
section 1206.24 and references to
wholesalers in sections 1206.31 and
1206.32.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate so that the proposed
amendments, if adopted, may be
implemented before the Board’s 2012
term of office, which begins on January
1, 2012. All written comments received
in response to this rule by the date
specified will be considered prior to
finalizing this action.
List of Subjects in 7 CFR Part 1206
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Mango Promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 1206 is proposed
to be amended as follows:
PART 1206—MANGO PROMOTION,
RESEARCH, AND INFORMATION
ORDER
1. The authority citation for 7 CFR
part 1206 continues to read as follows:
Authority: 7 U.S.C. 7411–7425 and 7
U.S.C. 7401.
§ 1206.19
[Reserved]
2. Remove and reserve § 1206.19.
§ 1206.24
[Reserved]
3. Remove and reserve § 1206.24.
4. Amend § 1206.30 by revising
paragraph (a) to read as follows:
§ 1206.30 Establishment of the National
Mango Promotion Board.
(a) Establishment of the National
Mango Promotion Board. There is
hereby established a National Mango
Promotion Board composed of eight
importers, one first handler, two
domestic producers, and seven foreign
producers. The chairperson shall reside
in the United States and the Board office
shall also be located in the United
States.
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*
*
*
*
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13532
§ 1206.31
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
[Amended]
5. Amend § 1206.31 by removing
paragraph (h), and redesignating
paragraph (i) as paragraph (h).
6. Revise § 1206.32 to read as follows:
§ 1206.32
Term of office.
The term of office for first handler,
importer, domestic producer, and
foreign producer members of the Board
will be three years, and these members
may serve a maximum of two
consecutive three-year terms. When the
Board is first established, the first
handler, two importers, one domestic
producer, and two foreign producers
will be assigned initial terms of four
years; three importers, one domestic
producer, and two foreign producers
will be assigned initial terms of three
years; and three importers and three
foreign producers will be assigned
initial terms of two years. Thereafter,
each of these positions will carry a full
three-year term. Members serving initial
terms of two or four years will be
eligible to serve a second term of three
years. Each term of office will end on
December 31, with new terms of office
beginning on January 1.
Dated: March 4, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–5715 Filed 3–11–11; 8:45 am]
BILLING CODE 3410–02–P
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter 1
[Docket No.: SBA–2011–0012]
Reducing Regulatory Burden;
Retrospective Review Under Executive
Order 13563
U.S. Small Business
Administration
ACTION: Request for information.
AGENCY:
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SBA will post comments on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
please submit the information to Martin
S. Conrey, Assistant General Counsel for
Legislation and Appropriations, Office
of General Counsel, 409 Third Street,
SW., Washington, DC 20416. Highlight
the information that you consider to be
CBI, and explain why you believe this
information should be held confidential.
SBA will review the information and
make the final determination of whether
it will publish the information or not.
FOR FURTHER INFORMATION CONTACT:
Martin S. Conrey, Assistant General
Counsel for Legislation and
Appropriations, Office of the General
Counsel, 409 Third Street, SW.,
Washington, DC 20416; telephone
number: 202–619–0638; fax number:
202–205–6846; e-mail address:
martin.conrey@sba.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
As part of its implementation
of Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’ the
Small Business Administration (SBA) is
seeking comments and information from
interested parties to assist the agency in
reviewing its existing regulations to
determine whether they should be
streamlined, expanded, or withdrawn.
The primary objectives of this review
are to make SBA’s regulatory program
more cost effective and less burdensome
on participants in the Agency’s
programs while continuing to promote
economic growth, innovation, and job
creation. SBA seeks public input on the
design of a plan to use for periodic
SUMMARY:
retrospective review of its regulations
and an initial list of the rules to be
reviewed under the plan.
DATES: Comments are requested on or
before April 13, 2011.
ADDRESSES: You may submit comments,
identified by Docket Number SBA–
2011–0012 using any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Identify
comments by ‘‘Docket Number SBA–
2011–0012, Regulatory Burden RFI,’’
and follow the instructions for
submitting comments.
Mail: U.S. Small Business
Administration, Office of the General
Counsel, 409 Third Street, SW.,
Washington, DC 20416.
The mission of the Small Business
Administration is to maintain and
strengthen the Nation’s economy by
enabling the establishment and viability
of small businesses, and by assisting in
economic recovery of communities after
disasters. In carrying out this mission,
SBA has developed a regulatory policy
that is implemented primarily through
several core program offices: Office of
Capital Access, Office of Disaster
Assistance, Office of Entrepreneurial
Development, Office of Government
Contracting and Business Development,
Office of International Trade, and Office
of Investment and Innovation. SBA’s
regulations are codified at Title 13 Code
of Federal Regulations, Chapter I, and
consist of Parts 100 through 147.
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II. Executive Order 13563
On January 18, 2011, the President
issued Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’ that requires Federal agencies
to seek more affordable, less intrusive
means to achieve policy goals, and to
give careful consideration to the benefits
and costs of their regulations. The
Executive Order also requires agencies
to review existing rules to remove
outdated regulations that stifle job
creation and make the U.S. economy
less competitive. Agencies are directed
to develop a preliminary plan under
which they will periodically review
existing regulations to determine which
should be maintained, modified,
strengthened, or withdrawn in order to
increase their effectiveness and decrease
the burdens of the agency’s regulatory
program.
III. Retrospective Review Plan
In compliance with the executive
order, SBA seeks help in designing the
plan it will use for the periodic review
of its existing regulations and an initial
list of candidate rules for review. The
Agency’s goal is to create a systematic
method for identifying those significant
rules that are obsolete, unnecessary,
unjustified, or counterproductive. The
public is first asked to comment on how
SBA should devise its preliminary plan,
with a defined method and schedule, for
identifying certain significant rules that
may be obsolete, unnecessary,
unjustified, excessively burdensome, or
counterproductive. It would be helpful
for comments to address how SBA
could best evaluate and analyze
regulations in order to expand on those
that work and to modify, improve, or
rescind those that do not. Comments
might address how SBA can best obtain
and consider accurate, objective
information and data about the costs,
burdens, and benefits of existing
regulations and whether there are
existing sources of data that SBA can
use to evaluate the post-promulgation
effects of regulations over time. SBA is
particularly interested in the public’s
views about how well its current
processes for reviewing regulations
function and how those processes might
be expanded or otherwise adapted to
meet the objectives of Executive Order
13563. SBA is also interested in
comments about factors that we should
consider in setting priorities and
selecting rules for review.
SBA intends for its preliminary plan
to include an initial list of candidate
rules to review. SBA solicits suggestions
for specific rules that should be on the
list. In suggesting rules for review,
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]]>Agencies
[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13530-13532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5715]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Doc No. AMS-FV-10-0092]
Mango Promotion, Research, and Information Order; Reapportionment
AGENCY: Agricultural Marketing Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to adjust the number of members on the
National Mango Board (Board) from 20 to 18 to reflect the elimination
of two non-voting wholesaler/retailer positions. In accordance with the
Mango Promotion, Research, and Information Order (Order), which is
authorized under the Commodity Promotion, Research, and Information Act
of 1996 (Act), a review of the composition of the Board must be
conducted every five years. The Board has reviewed the production
volumes and geographical distribution of domestic and imported mangos,
and submitted this information to the U.S. Department of Agriculture
with a recommendation that no changes be made to the number of
importer, first handler, or producer seats on the Board. However, the
Board recommends elimination of two non-voting wholesaler/retailer
positions that have not been filled since 2007.
DATES: Comments must be received by April 13, 2011.
ADDRESSES: Comments may be submitted electronically at https://www.regulations.gov. Comments may also be sent to the Research and
Promotion Branch, Fruit and Vegetable Programs, AMS, U.S. Department of
Agriculture, Room 0632-S, Stop 0244, 1400 Independence Avenue, SW.,
Washington, DC 20250-0244; fax: 202-205-2800. All comments should
reference the document number and the date and page number of this
issue of the Federal Register. Comments will be made available for
public inspection in the above office during regular business hours, or
may be viewed at https://www.regulations.gov. All comments submitted in
response to this proposed rule will be included in the record and will
be made available to the public. Please be advised that the identity of
the individuals or entities submitting comments will be made public on
the Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Veronica Douglass, Marketing
Specialist, Research and Promotion Branch, Fruit and Vegetable
Programs, AMS, U.S. Department of Agriculture, Stop 0244, Room 0632-S,
1400 Independence Avenue, SW., Washington, DC 20250-0244; telephone:
888-720-9917; fax: 202-205-2800; or e-mail:
veronica.douglass@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under the Mango
Promotion, Research, and Consumer Information Order (Order) [7 CFR part
1206]. The Order is authorized by the Commodity Promotion, Research,
and Information Act of 1996 (Act) [7 U.S.C. 7411-7425].
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have a retroactive effect.
Section 524 of the Act provides that the Act shall not affect or
preempt any other State or Federal law authorizing promotion or
research relating to an agricultural commodity.
Under the Act, a person subject to an order may file a petition
with the U.S. Department of Agriculture (Department) stating that an
order, any provision of an order, or any obligation imposed in
connection with an order, is not established in accordance with the
law, and requesting a modification of an order or an exemption from an
order. Any petition filed challenging an order, any provision of an
order, or any obligation imposed in connection with an order, shall be
filed within two years after the effective date of an order, provision,
or obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, the
Department will issue a ruling on the petition. The Act provides that
the district court of the United States for any district in which the
petitioner resides or conducts business shall have the jurisdiction to
review a final ruling on the petition, if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of the Department's final ruling.
Regulatory Flexibility Analysis and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS has considered the economic impact of this rule on small
entities that would be affected by this rule. The purpose of the RFA is
to fit regulatory action to scale on businesses subject to such action,
so that small businesses will not be disproportionately burdened.
The Small Business Administration defines small agricultural
producers as those having annual receipts of no more than $750,000, and
small agricultural service firms as those having annual receipts of no
more than $7 million (13 CFR part 121). First handlers, importers,
wholesalers, and retailers would be considered agricultural service
firms. Currently, fewer than five first handlers and 193 importers are
subject to assessment under the Order. The majority of producers would
be considered small businesses. The majority of these first handlers
and importers would be considered small businesses, while wholesalers
and retailers would not.
First handlers and importers who market or import less than 500,000
pounds of mangos annually are exempt from the assessment. Mangos that
are exported out of the United States are also exempt from assessment.
In addition, domestic producers, foreign producers, wholesalers, and
retailers are not subject to assessment under the Order, but such
individuals are eligible to serve on the Board along with importers and
first handlers.
Section 1206.30 (c) of the Order requires that the Board review the
volume and geographical distribution of mango production and imports at
least once every five years. If warranted, the Board will recommend to
the Department that membership on the Board be altered to reflect any
changes
[[Page 13531]]
in the volume and geographical distribution of mango production and
imports.
The Order currently provides for a Board of 20 members including
eight importers, one first handler, two domestic producers, seven
foreign producers, and two non-voting wholesalers and/or retailers. At
its November 16, 2010 meeting, the Board reviewed the volume and
geographic distribution of mango production and imports from 2006
through 2009. Based on U.S. Customs data, the volume of mango imports
to the U.S. declined from 666,772,761 pounds in 2006 to 627,271,605
pounds in 2009. The Board's eight importer seats are allocated based on
the volume of mangos imported into each of the four Districts defined
in the Order. The current allocation is two seats for District I, three
seats for District II, two seats for District III, and one seat for
District IV. The percentage of the total mango import volume imported
into District I remained at 25 percent from 2006 to 2009. Imports into
District II grew from 35 percent of the total in 2006 to 41 percent in
2009. Imports into District III fell from 28 percent of the total in
2006 to 23 percent in 2009. Imports into District IV fell from 12
percent of the total in 2006 to 11 percent in 2009. Much of the
domestic mango production was adversely affected by Hurricanes during
the early 2000s. Accordingly, data provided by the Board shows that in
2006, no assessments were collected on domestic mangos, while in 2009
assessments were collected on 1,539,306 pounds of domestic mangos.
After reviewing the data regarding mango imports and domestic
production, the Board voted to recommend that no changes be made at
this time to the number of importer, first handler, domestic producer,
or foreign producer seats; or to the allocation of importer seats among
the four districts.
At the same meeting, the board voted to request elimination of the
wholesaler/retailer positions from the Order. These positions were
included so that the board would include members with direct customer
sales experience. The Board has made numerous attempts to nominate
individuals to those positions; however, wholesalers and retailers are
not interested in or do not have the time to serve on the Board. As a
result, the two wholesaler/retailer positions have been vacant since
2008. These two positions do not represent assessment payers. If the
wholesaler/retailer positions are eliminated, the Board would consist
of a total of 18 members including eight importers, one first handler,
two domestic producers, and seven foreign producers.
Nominations and appointments to the Board are conducted pursuant to
sections 1206.31 and 1206.33 of the Order. Appointments to the Board
are made by the Secretary from a slate of nominated candidates.
Pursuant to section 1206.31 of the Order, candidates for the importer,
first handler, and domestic producer positions are nominated by their
peers. Nominations for the foreign producer positions are solicited
from foreign mango producer organizations. The Board nominates the
wholesaler/retailer members. The Order requires that two nominees be
submitted for each vacant position.
In accordance with OMB regulation [5 CFR part 1320], which
implements information collection requirements imposed by the Paperwork
Reduction Act of 1995 [44 U.S.C. 3501 et seq.], there are no new
requirements contained in this rule. In fact a decrease of .33 hours in
the information collection burden for the mango program is expected.
The information collection requirements have been previously approved
by OMB under OMB control number 0581-0093.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this proposed rule.
Background
The Order, which became effective November 3, 2004, is authorized
under the Act and administered by the Board. The Order provides for a
20-member Board consisting of eight importers, one first handler, two
domestic producers, seven foreign producers, and two non-voting
wholesalers and/or retailers.
Under the Order, the Board administers a nationally coordinated
program of promotion, research, and information designed to strengthen
the position of mangos in the marketplace and to develop, maintain, and
expand the demand for mangos in the United States. The program is
financed by an assessment of \1/2\ cent per pound on first handlers and
importers who market or import 500,000 pounds or more of mangos
annually. Under the Order, first handlers remit assessments directly to
the Board, and assessments paid by importers are collected and remitted
by the United States Customs Service.
Pursuant to section 1206.30(c) of the Order, at least once in each
five-year period, the Board shall review the volume and geographical
distribution of mango production and imports and, if warranted, make a
recommendation to the Secretary to alter the Board's membership. On
November 16, 2010, at its fall meeting, the Board voted to recommend
that no changes be made to the importer, first handler, domestic
producer, or foreign producer positions, but that the non-voting
wholesaler/retailer positions be eliminated. If the wholesaler/retailer
positions are eliminated, the Board's membership would be reduced from
20 to 18.
Accordingly, the proposed rule would delete the definition of
retailer in section 1206.19 and wholesaler in section 1206.24 and
references to wholesalers in sections 1206.31 and 1206.32.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate so that the
proposed amendments, if adopted, may be implemented before the Board's
2012 term of office, which begins on January 1, 2012. All written
comments received in response to this rule by the date specified will
be considered prior to finalizing this action.
List of Subjects in 7 CFR Part 1206
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Mango Promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1206 is
proposed to be amended as follows:
PART 1206--MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER
1. The authority citation for 7 CFR part 1206 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
Sec. 1206.19 [Reserved]
2. Remove and reserve Sec. 1206.19.
Sec. 1206.24 [Reserved]
3. Remove and reserve Sec. 1206.24.
4. Amend Sec. 1206.30 by revising paragraph (a) to read as
follows:
Sec. 1206.30 Establishment of the National Mango Promotion Board.
(a) Establishment of the National Mango Promotion Board. There is
hereby established a National Mango Promotion Board composed of eight
importers, one first handler, two domestic producers, and seven foreign
producers. The chairperson shall reside in the United States and the
Board office shall also be located in the United States.
* * * * *
[[Page 13532]]
Sec. 1206.31 [Amended]
5. Amend Sec. 1206.31 by removing paragraph (h), and redesignating
paragraph (i) as paragraph (h).
6. Revise Sec. 1206.32 to read as follows:
Sec. 1206.32 Term of office.
The term of office for first handler, importer, domestic producer,
and foreign producer members of the Board will be three years, and
these members may serve a maximum of two consecutive three-year terms.
When the Board is first established, the first handler, two importers,
one domestic producer, and two foreign producers will be assigned
initial terms of four years; three importers, one domestic producer,
and two foreign producers will be assigned initial terms of three
years; and three importers and three foreign producers will be assigned
initial terms of two years. Thereafter, each of these positions will
carry a full three-year term. Members serving initial terms of two or
four years will be eligible to serve a second term of three years. Each
term of office will end on December 31, with new terms of office
beginning on January 1.
Dated: March 4, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-5715 Filed 3-11-11; 8:45 am]
BILLING CODE 3410-02-P
